Collections, Creditor’s Rights, & Provisional Remedies

Creditor’s rights vary depending on whether the creditor is secured or unsecured and the type of claim filed. Remedies include a variety of complex arrangements that may be difficult to implement and enforce, such as injunctions, receiverships, attachment, and garnishment. In some instances, a creditor may have to hire a collections agency or file a lawsuit to collect on a debt.

Whether you are the debtor or the creditor, you need experienced, seasoned counsel to help you negotiate fair agreements and avoid harsh penalties. At The Lassiter Law Firm we offer our clients skilled assistance in:

• Business and commercial collections and breach of contract litigation, such as collections matters for:
  • Banks
  • Credit unions
  • Businesses
  • Leasing companies
• Enforcing judgments obtained through settlements or trials
• Pre-judgment seizure of debtor’s assets to assure collection after judgment, including:
  • Pre-judgment attachment of assets
  • Pre-judgment garnishment of money and accounts
  • Pre-judgment seizure of property, replevin, and “claim and delivery”
  • Provisional remedies
• Collections procedures:
  • Garnishments
• Property seizures
• Attachments
• Bankruptcy of corporate or other debtors
• Creditor bankruptcy matters including, but not limited to:
  • Motions for relief from stay
• Adversary proceedings
• Assuming or rejecting unexpired commercial leases
• Nondischargeability actions
• Secured real property lender litigation, for example actions concerning:
  • Lien priorities
• Equitable subordination matters
• Lender-borrower litigation, typically involving actions between mortgage lenders and their borrowers